[Adopted 5-29-2013 by Ord. No. 2013-14]
The Town of Newton hereby grants to itself all such powers granted
to municipalities by the State of New Jersey for holding certain landlords
responsible for their tenants, including the posting of adequate security
against the consequences of disorderly behavior of their tenants.
Such enabling statutory powers are set forth at N.J.S.A. 40:48-2.12n
et seq., as may be amended.
A licensed attorney of the State of New Jersey appointed
by the Town Council. The hearing officer shall not own or lease any
real property within the Town of Newton, nor hold any interest in
the assets of or profits arising from the ownership or lease of such
property.
As defined under the law, N.J.S.A. 40:48-2.12o, as may be
amended.
A.
If, in any twenty-four-month period, two complaints, on separate
occasions, of conduct upon or in proximity to any rental premises,
and attributable to the acts or incitements of any of the tenants
of those premises, have been substantiated by prosecution and conviction
in any court of competent jurisdiction as a violation of any provision
of Title 2C of the New Jersey Statutes or any municipal ordinance
governing disorderly conduct, the Newton Town Manager or any designee
of the Town Manager for the purpose, may institute proceedings to
require the landlord of those premises to post a bond against the
consequences of future incidents of the same character.
B.
In the event a tenant is convicted of any of the conduct described in Subsection A of this section, the Town Manager or designee shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the Town.
C.
The Town Manager or designee shall cause to be served upon the landlord,
in person or by registered mail to the address appearing on the tax
records of the Town, notice advising of the institution of such proceedings,
together with particulars of the substantiated complaints upon which
those proceedings are based, and of the time and place at which a
hearing will be held in the matter, which shall be in the municipal
building, municipal court or other public place within the Town, and
which shall be no sooner than 30 days from the date upon which the
notice is served or mailed.
D.
At the hearing convened pursuant to Subsection C of this section, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this article.
E.
Bond requirements.
(1)
Any bond required to be posted shall be in accordance with the judgment
of the hearing officer, in light of the nature and extent of the offenses
indicated in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
(a)
Damages likely to be caused to public or private property and
damages consequent upon disruption or affected residents' rights of
fair use and quiet possession of their premises;
(b)
Securing the payment of fines and penalties likely to be levied
for such offenses; and
(c)
Compensating the Town for the costs of repressing and prosecuting
such incidents of disorderly behavior.
(2)
No such bond shall be in an amount less than $500 or more than $5,000.
The Town may enforce the bond thus required by action in the Superior
Court, and shall be entitled to an injunction prohibiting the landlord
from making or renewing any lease of the affected premises for residential
purposes until that bond or equivalent security, in satisfactory form
and amount, has been deposited with the Town.
F.
A bond or other security deposited in compliance with Subsection E of this section shall remain in force for three years. Upon the lapse of the three-year period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 213-14 below, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer. The Town Council may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
A.
If, during the period for which a landlord is required to give security pursuant to § 213-13 above, a substantiated complaint is recorded against the property in question, the Town Manager or designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in § 213-13F above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of those purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 213-13E above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth § 213-13E above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to effectually carry out the purposes of this article effectually. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in § 213-13F above.
